Surrogacy in Nebraska: Nebraska Surrogacy Laws
While surrogacy (gestational and traditional) is technically legal in Nebraska, it’s important to understand that surrogacy contracts are considered unenforceable and only the biological father can be granted pre-birth parentage rights. Because of this, Nebraska is one of the least desirable places to undergo a surrogacy journey. There have been a handful of surrogacy journeys in Nebraska, mostly done by direct family members, but know that folks who undergo surrogacy in the Cornhusker State are doing so at considerable risk. Because surrogacy contracts are considered void, there is nothing in the law that ensures a surrogate will be compensated (or even reimbursed for her medical bills!) or that a surrogate intends to surrender parentage claims. If you live in Nebraska and are contemplating becoming a surrogate, to say you must put a lot of trust in your Intended Parents is an understatement. Likewise, Intended Parents must trust that a surrogate will complete the journey responsibly and ethically. Compensated surrogacy can also greatly complicate the process of establishing legal parentage.
Because surrogacy contracts are considered non-binding (including surrogacy agency contracts), most if not all surrogacy agencies will not recruit surrogates from Nebraska. Surrogacy Place does not allow surrogates from Nebraska to register, either, as they are not afforded any of the usual legal protections. It is not recommended that anyone from the state become a surrogate, though technically surrogacy is permitted. If you decide to become a surrogate in Nebraska, make sure you have a candid conversation with an attorney licensed in the state.
If you absolutely want to pursue surrogacy in Nebraska, make sure you know how the limitations of the law put you at risk and add many complicated layers to a typical journey. If you’re ready to have that conversation, we have a list of attorneys that specialize in surrogacy. Finding a surrogacy-experienced attorney in the state of Nebraska may prove difficult, however.
But you’re saying surrogacy in Nebraska is technically legal, right?
Yes, but it’s very rare and depends on your comfort level given the added risks. If you’re an Intended Parent looking for a surrogate, it’s unlikely you’ll find someone in the state willing to take a leap of faith to work with you without legal protections. It’s possible, but Nebraska is considered one of the least surrogacy-friendly states for good reason.
Who is allowed to be an Intended Parent in Nebraska?
In theory anyone, however, only the biological fathers have a clear path to establishing their parental rights via pre-birth orders which inherently makes things extremely difficult if you are a single woman, part of a lesbian/non-binary couple, an unmarried heterosexual couple, or (presumably) an individual/couple using sperm or embryo donors. These groups have almost no legal protection when it comes to parentage and the courts may rule unfavorably with respect to Intended Parents and their legitimate claims to children born via surrogacy.
Access to Reproductive healthcare in Nebraska
Currently, abortion in Nebraska remains legal up to the 20th week in most of the state with certain local areas banning the procedure. There is growing support in the legislature for LB 626, a so-called “Heartbeat Bill,” however, which would ban abortion starting as early as 6 weeks. If Nebraska’s government restricts access to abortion, Intended Parents and surrogates should have a conversation at the onset of their journey about how they might access emergency care, including if they trust local doctors to preserve their live in the event of a potentially fatal pregnancy complication.
What if I really want to be a pursue surrogacy in Nebraska?
That’s commendable, but may be unwise. You should talk to a trusted attorney and take his/her advice seriously. If you ultimately want to go down the path of being a surrogate in Nebraska, you will make sure you meet general medical and personal qualifications. Take this quiz to see some of the requirements.
Some of the guidelines surrogates generally have to meet:
- Surrogates should be between 21 and 42 years old.
- Surrogates must have given birth previously to at least one kid (biological) of their own.
- Surrogates should not have a history of any significant prior pregnancy complications.
- Surrogates should not use drugs/use tobacco/drink alcohol during pregnancy.
- Surrogates must be overall excellent health, typically with a BMI less than 32.
If you meet all these listed requirements, you will then proceed to a full medical evaluation to gauge your current health and fitness for a pregnancy. After which point you can undergo an embryo transfer and start the exciting part of a surrogacy journey.
If you’re interested in becoming a surrogate in the very restrictive state of Nebraska, here’s some general guidelines, though please note these parameters do not take Nebraska’s surrogacy-unfriendly environment into consideration. You must speak to an attorney who knows the local laws for guidance.
Independent surrogacy journeys in the state of Nebraska
Surrogacy agencies will not accept Nebraska surrogates due to the anti-surrogacy legal framework in the state. If you do meet all the requirements and want to pursue surrogacy in Nebraska anyway, independent surrogacy is technically possible. Surrogacy Place does not, however, allow Nebraska residents to sign up as surrogates on our site. Intended Parents from Nebraska should speak with a qualified and trusted attorney on how to proceed including the potential to match with surrogates in other more surrogacy-friendly states.
If you want to be a surrogate in Nebraska, you’ll have to proceed without an agency. Here’s some info on independent surrogacy to help you get started.
If this is your first time undergoing surrogacy as an Intended Parent, here’s some of the expected costs you can anticipate paying.
Looking for information on how surrogacy laws different across the country? We have a surrogacy by state guide.
